Criminal Code of Canada - section 536.5 - Agreement to limit scope of preliminary inquiry

section 536.5

INTRODUCTION AND BRIEF DESCRIPTION

The prosecutor and accused can agree to limit the scope of a preliminary inquiry to specific issues.

SECTION WORDING

536.5 Whether or not a hearing is held under section 536.4 in respect of a preliminary inquiry, the prosecutor and the accused may agree to limit the scope of the preliminary inquiry to specific issues. An agreement shall be filed with the court or recorded under subsection 536.4(2), as the case may be.

EXPLANATION

Section 536.5 of the Criminal Code of Canada deals with limiting the scope of a preliminary inquiry. A preliminary inquiry is a hearing in which a judge determines if there is enough evidence to proceed to trial. The purpose of this section is to allow the prosecutor and accused to agree to limit the issues that will be discussed during the preliminary inquiry. This can help both parties save time and resources. If the prosecutor and accused come to an agreement on limiting the scope of the preliminary inquiry, they must file the agreement with the court or have it recorded as required by law. This ensures that the agreement is official and legally binding. Limiting the scope of a preliminary inquiry means that the parties only discuss the specific issues that are relevant to the trial. This can prevent unnecessary discussion of irrelevant topics, which can waste time and resources. For example, if the evidence is clear that the accused committed a robbery, but there is disagreement about the exact time and location of the crime, the parties may agree to limit the hearing to just those issues. This section can be beneficial for both the prosecution and defence, as it can help to resolve cases more quickly and efficiently. However, it is important to note that the decision to limit the scope of a preliminary inquiry should be based on the specifics of the case and legal regulations, and not on convenience or expediency.

COMMENTARY

Section 536.5 of the Criminal Code of Canada is a provision that allows prosecutors and accused individuals to enter into an agreement to limit the scope of a preliminary inquiry to specific issues. This provision recognizes that not all cases require a full investigation into all aspects of the case. The purpose of a preliminary inquiry is to determine if there is enough evidence to proceed to trial. It is conducted before a judge in the provincial court, and witnesses may be called to testify. During a preliminary inquiry, the Crown prosecutor presents evidence to the court to support the charges against the accused. The accused may challenge evidence, cross-examine witnesses, and call evidence. The purpose of the preliminary inquiry is not to determine guilt or innocence but to determine if there is enough evidence to proceed to trial. Under Section 536.5, an agreement can be reached to limit the scope of the preliminary inquiry to specific issues. This means that the prosecutor and the defence counsel can agree on what evidence will be presented, what witnesses will be called, and what issues will be addressed during the preliminary inquiry. This can help to streamline the process and reduce the time and resources required for the preliminary inquiry. This provision is beneficial for a number of reasons. First, it can save time and resources for all parties involved. Preliminary inquiries can be lengthy and expensive, particularly if they involve numerous witnesses and complex issues. By limiting the scope of the inquiry, the parties can focus on the key issues and evidence, which can expedite the process and reduce costs. Second, this provision can help to protect witnesses. Witness testimony can be stressful and traumatic, particularly if they have to testify in court. By limiting the scope of the inquiry, witnesses may not need to provide as much evidence, reducing the stress and trauma they experience. Third, this provision can help to ensure that the justice system is efficient and effective. By limiting the scope of the preliminary inquiry, parties can focus on the key issues and evidence, ensuring that the inquiry is effective in determining if there is enough evidence to proceed to trial. However, it is important to note that this provision does not limit the right of an accused individual to a full preliminary inquiry. If the accused does not agree to limit the scope of the inquiry, they have a right to a full inquiry. Additionally, this provision does not prevent the Crown prosecutor from laying additional charges or broadening the scope of the charges after the agreement has been made. In conclusion, Section 536.5 of the Criminal Code of Canada is a valuable provision that allows parties to limit the scope of a preliminary inquiry to specific issues. This provision can save time and resources, protect witnesses, and ensure an effective and efficient justice system. However, it is important to recognize that this provision does not limit the right of an accused individual to a full preliminary inquiry and that the Crown prosecutor may still lay additional charges or broaden the scope of the charges after the agreement has been made.

STRATEGY

Section 536.5 of the Criminal Code of Canada provides an opportunity for prosecutors and the accused to limit the scope of a preliminary inquiry to specific issues. In doing so, this section allows for strategic considerations that can benefit both the prosecution and defence. One major strategic consideration is the use of resources. Preliminary inquiries can be time-consuming and costly, so limiting the scope of the inquiry can save resources for both parties. For the prosecution, this could mean focusing on specific issues that are critical to proving the case, such as eyewitness testimony or forensic evidence. For the defence, it could mean narrowing the inquiry to areas where they believe they can challenge the prosecution's evidence. Another strategic consideration is the potential impact on the trial. The evidence presented at a preliminary inquiry can be used at trial, but it can also reveal weaknesses in the prosecution's case and give the defence an opportunity to mount a stronger defence strategy. By limiting the scope of the inquiry, the prosecution can potentially avoid revealing too much evidence or giving the defence an advantage. On the other hand, the defence may want to limit the inquiry to areas where they believe they can successfully challenge the prosecution's case. The decision to limit the scope of a preliminary inquiry should not be taken lightly and requires careful consideration of the potential benefits and drawbacks. For example, while limiting the inquiry can save resources, it can also limit the ability of both parties to fully explore the evidence and present their case. Additionally, if the agreement is not carefully crafted, it could potentially limit the ability of the accused to present a full defence at trial. To ensure a successful and effective use of section 536.5, both the prosecution and the defence should carefully consider the issues at hand and their respective goals. They should also work closely with their legal teams to craft an agreement that is fair, reasonable, and protects their interests. Strategies that could be employed when using section 536.5 include focusing on critical issues, conducting thorough research and preparation, negotiating a fair and balanced agreement, and working collaboratively with legal teams to ensure effective communication and coordination. Ultimately, the most effective strategy will depend on the specifics of the case and the goals of each party.